Presence of a Family Member During Physical Examinations and Medical Treatment of Minors (Right)

Introduction:

Parents have the right to be present when a physical examination is performed on their child (minors)

Medical treatment of a minor requires parental consent

Every patient of any age is entitled to Presence of a Family Member or Other Person During Medical Examinations

For more information see Medical Adminstration Circular no. 4/2004

During a general physical examinations of a minor, the patient's legal guardian or a medical staff member must be present in addition to the person performing the examination. *Parents are the natural guardians of their children until age 18.

Unaccompanied Minors at the Community Primary Care Clinic

• Minors under the age of 14
  • Medical examinations or procedures should not be performed without a parent (or adult chaperone acting on a parent's behalf) present in the clinic.
  • In any event, except for in emergency situations (according to the definition in The Patient's Rights Law), no private or invasive examination may be performed on a minor under the age of 14 while not in the presence of a parent (or adult chaperone acting on a parent's behalf).
  • In an emergency situation, if a chaperone is not present, an examination may be performed in the presence of another medical staff member, preferably of the same gender as the minor.
• Minors over the age of 14 -
  • Treating medical professionals are permitted to perform an examination or routine medical procedure even without the express consent of a parent (or adult chaperone acting on a parent's behalf) for a child over 14.
  • Treatment of the minor without the consent or presence of a parent (or someone appointed on the parent's behalf) is permitted as long as the minor gave informed consent for the examination or procedure.

Who is Eligible?

• Any parent has the right to be present when an examination is performed on their child.
• All patients being examined are entitled to request the presence of a family member or anyone else of their choosing during a physical examination.

Please Note

• In general, parental consent must be obtained for every examination and medical procedure performed on a minor. For more information, see: Guardianship of Children.
• Despite this, if one of the parents is convicted of, or if there is a current criminal case against the parent related to, committing a sexual crime or abuse against the child, that parent's consent is not necessary to perform medical care on the child and medical information is also not shared with that parent. For more information see Preventing the involvement of a parent who has been convicted or charged of physical or sexual abuse, in his/her child's medical care.

Aid Organizations

• For a comprehensive categorized listing of healthcare organizations offering assistance and support, click here.

Government agencies

• The Ministry of Health
  • The Ministry of Health's Health Voice Call Center: *5400
• The National Insurance Institute
• The National Health Insurance Law Ombudsman

Laws and Regulations

• The Legal Capacity and Guardianship Law
• The Patient's Rights Law

Additional Publications

• Medical Administration Circular 40/2001 from 15.07.2001 - Physical examinations in private
• Medical Administration Circular 4/2004 from 18.02.2004 - Unaccompanied visits of minors at primary care clinics

Credits

• Original information written by the IMA.
• English translation and maintenance by The Shira Pransky Project.